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HomeMy WebLinkAboutMarch 5, 2024 - Special Election Administrative File - Chart (4) Preview Ballot O 01/09/2024 14:40:00 O Presidential Primary Election Precinct 32208 March 5,2024 Page 3 of 3 Orange County DEMOCRATIC PARTY BALLOT 9 a• - -.. e - ,; mom' :511_% "* ".f AUTHORIZES$6.38 BILLION IN Charter Amendment Measure „ � � - BONDS TO BUILD MENTAL No.2 Q DAN JACOBSON HEALTH TREATMENT FACILITIES Shall proposed Charter Amendment Attorney FOR THOSE WITH MENTAL No.2,which provides that the only Q JASON BAEZ HEALTH AND SUBSTANCE USE flags to be displayed by the City on Deputy District Attorney,County of CHALLENGES;PROVIDES City property are the United States Orange HOUSING FOR THE HOMELESS. Flag,the State of California Flag,the LEGISLATIVE STATUTE. County of Orange Flag,the City of Amends Mental Health Services Act Huntington Beach Flag,the POW- to provide additional behavioral MIA Flag,the six Armed Forces � health•services.Fiscal Impact Shift Fla s the Olympic during the — : P 9Flag 9 ‘rit; 0 .' , roughly$140 million annually of Summer Olympic Games,and any ,—,, P2 ,.3f. ' existing tax revenue for mental other flag if authorized by a Q RICHARD ZIMMER health,drug,and alcohol treatment unanimous vote of the City Council, Deputy District Attorney,County of from counties to the state. be approved?Orange Increased state bond repayment Supporters Tony Strickland,Mayor; of/ CV° Q BINH DANG costs of$310 million annually for Gracey Van Der Mark,Mayor Pro Deputy Public Defender,County of 30 years.Supporters:California Tern;Pat Bums,City Council Los Angeles Professional Firefighters;CA Assoc. Member;Casey McKeon,City Q 1";j1) of Veteran Service Agencies; Council Member O/Y ll National Alliance on Mental Illness- Opponents Dan Kalmick,City 4.'1p r CA Opponents:Mental Health Council Member;Natalie Moser, p. rif - , 4 t- -. •Y America of California;Howard Jarvis City Council Member,Rhonda \ 6 ,0 ;^ Taxpayers Association;CalVoices Bolton,City Council Member / a¢.-, , & 1_1Yes EA Yes Q WHITNEY BOKOSKY Deputy District Attorney,County of Q No No 'DANIELJ.KERN ." Attorneyat Law ,> .." „ .,," `" •• ' ' Charter Amendment Measure Charter Amendment Measure No.3 No.1 Shall proposed Charter Amendment Shall proposed Charter Amendment No.3 to:commencing in 2026, eit*:t,:4TYMCCOrAtige44Ad a No.1,which provides that require the City to adopt a two-year :: ' ; ••-.;'_. ;, r commencing in 2026,for all budget;update the procedures to s , municipal elections,the City may cancel a regular City Council k+w" air - require Voter Identification for meeting;update the process to fill a A,, providein-personCityCouncil vacancy;and amend Q KIMBERLY HO elections; more City of Westminster councilmember/ voting locations;and monitor ballot outdated phrases,syntax,dates, 7 Entrepreneur drop-boxes,be approved? pronouns,and titles be approved? VAN TRAN Supporters:Tony Strickland,Mayor Supporters:Tony Strickland,Mayor Huntington Beach;Gracey Van Der Huntington Beach Orange County Supervisor's Chief Opponents:Dan KalmiCk,City Mayor Pro Tern pp ty 0 MICHAEL VO Opponents:Dan Kalmick,City Council Member;Natalie Moser, Small Business Owner CityCouncil Member;Rhonda Council Member;Natalie Moser, Q JANET NGUYEN City Council Member;Rhonda Bolton,City Council Member State Senator/Businesswoman Bolton,City Council Member Q Yes Q FRANCES MARQUEZ Yes Q No Cypress City Councilmember Q No • (•11 IRESgSI; 0 0 Section Ballot Measures- C 12 C City of Huntington Beach, Charter Amendment Measure No. 3 Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two-year budget; update the procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates, pronouns, and titles be approved? What your vote means YES NO A"yes" vote on this measure would approve these A "no" vote on this measure would not approve them. changes to the City Charter. For and against FOR AGAINST Tony Strickland Dan Kalmick Mayor City Council Member Natalie Moser City Council Member Rhonda Bolton City Council Member .vo/ ClAr V / . r •. ,k • Section BaLLorMasures-C 11 Full Text of Measure C A City of Huntington Beach di211,\ EXHIBIT A ' CHARTER AMENDMENT MEASURES I 12/ PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS/LTRIKETI IROUGI F Charter Amendment Measure No.3 Section 300.CITY COUNCIL,ATTORNEY,CLERK AND TREASURER.TERMS.The elective officers of the City shall consist of a City Council of seven members,a City Clerk,a City Treasurer and a City Attorney,all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify.Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified.Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024, four members of the City Council shall be elected at the general municipal election held in 1%GG 2022 and each fourth year thereafter.Three members of the City Council shall be elected at the general municipal election held in 3968-2024,and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term.Subject to the provisions of this Charter,the City Clerk,City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors.Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024,a City Clerk and City Treasurer shall be elected at the general municipal election held in 1968 2024,and each fourth year thereafter. A City Attorney shall be elected in 1XGG 2022,and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Mendel.regular City Council meeting following the certification of the election.Ties in voting among candidates for office shall be settled by random, drawing process conducted by the City Manager during the first regular City Council meeting following the certification. If no candidate meets the qualifications for office of the City Clerk,City Treasurer,or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 303.MEETINGS AND LOCATION. (a) Regular Meetings.The City Council shall hold regular meetings at least twice each month, unless it lacks a Quorum or is canceled by the Mayor or a maioritv of City Council Members,at such time as it shall fix by ordinance or resolution.In no event shall the City Council meet less than once each month.ere}The City Council may adjourn erre-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment, Each adjourned meeting shall be a regular meeting for all purposes. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings.A special meeting may be called at any time by the Mayor,or by a majority of the members of the City Council,by written notice or current technology to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing.Such notice must be delivered personally,sr by mail or by current technology at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting.If any person entitled to such written notice files a written waiver of notice with the City Clerk,it may be dispensed with.This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes.In the event of an emergency affecting the public peace,health or safety,a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tern in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings.All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned.If,by reason of fire,flood or other emergency,it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor,or,if he the Mayor should fail to act,by a majority of the members of the City Council. (d) Open Meetings.All regular and special meetings of the City Council shall be open and public,and all persons shall be permitted to attend such meetings,except that the provisions of this section shall not apply to executive closed sessions.Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information.The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304.QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum.A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time.In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour.The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally,err by mail or by current technoloav to each Council member at least twenty-four hours before the time to which the meeting is adjourned,or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. ,..er Section Ballot Mario . -c 1 Section 311.CITY TREASURER.POWERS AND DUTIES. \ 1,01 (d) Prepare and submit to the Chief Financial Officer monthly written reports of all receipts,disbursements and fund balances, and shall file copies of such reports with the City Manager and City Council. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (a)Vacancies.A vacancy in the City Council or in any other office designated as elective by this Charter,from whatever cause arising,shall be filled by appointment by the City Council with at least four affirmative votes. (b)Forfeiture.If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes,the office shall become vacant.If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude,or ceases to be an elector of the City,the office shall become vacant.The City Council shall declare the existence of such vacancy.Any elective officer of the City who shall accept or retain any other elective public office,except as provided in this Charter,shall be deemed thereby to have vacated the office under the City Government. (c) Replacement.In the event it the City Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term. If the City Council fills the vacancy by appointment,such appointee shall hold office until an election to fill the remainder of the unexpired term at the next aeneral municipal election. Should the appointment occur after the filing deadline for the next aeneral municipal election,the seat shall be deemed vacant upon the certification of the aeneral municipal election,and the vacancy shall be filled in accordance with Sections 312(a)and 312(c). Section 400.CITY MANAGER.COMPOSITION,TERM,ELIGIBILITY,REMOVAL. (d) Removal.The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected.At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council.At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and,if requested by the City Manager,the reasons therefor.Within seven days after receipt of such notice,the City Manager may by written notification to the City Clerk request a public hearing before the City Council,in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to.The City Manager shall appear and be heard at such hearing.After furnishing the City Manager with written notice of the intended removal,the City Council may suspend the City Manager from duty, but his the City Manager's compensation shall continue until removal as herein provided.In removing the City Manager,the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401. POWERS AND DUTIES. (b) Prepare the budget anntral'ly as required by this Charter,submit it to the City Council,and be responsible for its administration upon adoption. Section 601.BIENNIAL ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine,each board or commission and each department head shall furnish to the City Manager, personally,or through the Chief Financial Officer,estimates of the department's,board's or commission's revenue and expenditures for the ensuing two fiscal years,detailed in such manner as may be prescribed by the City Manager.In preparing the proposed budget,the City Manager shall review the estimates,hold conferences thereon with the respective department heads,boards or commissions as necessary,and may revise the estimates as may be deemed advisable. Section 602.BIENNIAL ANNUAL BUDGET.SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each even numbered fiscal year beginning in 2026.After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each even numbered fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing.Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603.BIENNIAL ANNUAL BUDGET.PUBLIC HEARING. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned,the City Council shall hold a public hearing on the proposed budget,at which interested persons desiring to be heard shall be given such opportunity. Section 604. BIENNIAL ANNUAL BUDGET.FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions,if any,by the affirmative vote of at least a majority of the total members of the Council.Upon final adoption,the budget shall be in effect for the ensuing two fiscal year2.Copies thereof,certified by the City Clerk,shall be filed with the City Manager,Director of Finonee Chief Financial Officer,City Treasurer and the person retained by the City Council to perform the post audit function,and a further copy shall be placed,and shall remain on file in the office of the City Clerk where it shall be available for public inspection.The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605.BIENNIAL ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to 0 :N; .A. �., - Section Ballot Measures- C 11 the several departments,offices and agencies for the respective objects and purposes therein named;provided,however,that the City Manager may transfer funds from one object or purpose to another within the same department,office or agency.All appropriations shall lapse at the end of the second,fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 801. DEFINITIONS.Unless the provisions or the context otherwise requires,as used in this Charter: (a) "Shall"is mandatory,and"may"is permissive. (b) "City" is the City of Huntington Beach and "department," "board;' "commission," "agency," "officer," or"employee" is a department, board, commission,agency,officer or employee,as the case may be,of the City of Huntington Beach. (c) "County"is the County of Orange. (d) "State"is the State of California. ry /' vv I tlit)(v\ "�/ (f e) The singular includes the plural and the plural the singular. 1 (g j;) "Person"includes firm and corporation. Section 804. CHARTER REVIEW.The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years from the most recent formal Charter review conducted by a Charter Revision Commission.City Council.or City staff. 4 Impartial Analysis t? ' City of Huntington Beach (J*2—N. f9-Measure C CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE 3 This proposed Charter amendment,if adopted,would amend the Charter both substantively and non-substantively.The first substantive amendment by this ballot measure changes several sections of the Charter to require the City to adopt a biennial(two-year)budget,instead of an annual(one-year) budget. The second substantive amendment is to Charter Section 303(a)which currently requires City Council to hold regular meetings at least twice a month. If adopted,the Charter would be amended to allow for the Mayor or a majority of Council to cancel regular City Council meetings,but in no event will the City Council meet less than once per month. The third substantive amendment is to Charter Section 312, related to City Council vacancies.Currently,a person appointed by the City Council to fill a Council vacancy serves the remainder of the unexpired term.If adopted,this measure would require that the appointee hold office only until an election to fill the remainder of the unexpired term,at the next general municipal election. Additional proposed amendments to several Charter Sections are non-substantive,meaning amendments to clarify or update language in the Charter regarding outdated phrases, syntax, dates, pronouns and titles. For example, changes to Section 300 would update the election years for elected officials and makes clear that in the event of a tie vote during an election,a random drawing will occur.Changes to Section 303 would update the Charter to allow the use of"current technology"to distribute notices,change the words"executive session"to"closed session"because closed session is the current statutory term,as well as clarify the process of adjourning City Council meetings.Changes to Sections 303(c),312(c),400(d),and 801(e) would replace pronouns"he"or"it"with"person"or the title being referred to,and changes to Sections 311(d),601,and 604 would replace"Director of Finance"with the updated title of"Chief Financial Officer."An amendment to Section 804 would clarify when the City Council must determine whether to convene a citizen's Charter Review Commission. A"yes"vote on this measure would approve these changes to the City Charter. A"no"vote on this measure would not approve them. This Measure was placed on the ballot by the City Council. ® x Section NW-ckK Argument in Favor of Measure C Rebuttal to Argument in Favor of Measure C This Charter Amendment Measure would help the City of Huntington As then-Councilmember Erik Peterson continued in his Opposition when Beach operate more efficiently and effectively for our residents and this Charter amendment proposal was made in 2022: taxpayers. "Adding politically correct language to our City Charter does NOT make Moving to a two-year budget process gives residents more transparency the City run better....Frankly,these changes reflect the zeal of the current of the City's long term planning and spending, and gives the City more City Council majority to modify and reform City government wherever it time to adequately debate and account for priorities that gob into the can and WHERE NO REFORM IS NEEDED.This is the classic-"solution in budget. What's more, it gives city departments greater stability with search of a problem."...In addition,City Council is supposed be accessible less annual up and down budget fluctuations. And a two-year budget and accountable to the residents of the City. Allowing City Council to offers long term opportunities to increase efficiencies, prevent wasteful eliminate and/or cancel regular Council Meetings on a whim causes spending,and prepare for periods of growth or change.In all,it helps us voters to have less access to, and less transparency from, their City better manage your City. government. Fewer Council Meetings means less access, transparency and accountability." This measure also prevents future City Councils from taking away the rights of voters to choose their elected leaders, by ensuring no Council We would add, the two-year budget was not thoroughly analyzed and Member is ever appointed to more than a 2-year term.Under this Charter its true impacts will not be known until 2026. This ballot measure cost Amendment Measure,all future Council appointments would last only up $500,000 to be placed on the March election, it doesn't go into effect until the next regularly scheduled election. And,this Charter Amendment until 2026.Why not place it on the November ballot for 10%of the cost? Measure contains some administrative clean-up language on issues such as City Council meeting dates, and procedures to cancel a meeting. All Do not reward this Council Majority for being fiscally irresponsible, items are meant to help us best manage the City of Huntington Beach. hypocritical, and overly political. City Council is supposed to be non- ; partisan and solve the City's real problems: homelessness, e-bikes, Join us,vote YES on Charter Amendment Measure 3. unfunded liabilities,and infrastructure. s/Tony Strickland Vote NO on Measure C. Mayor s/Dan Kalmick City Council Member s/Natalie Moser City Council Member s/Rhonda Bolton City Council Member C)'\A")/dib\- Ballot Measures- C Section 12 Argument Against Measure C Rebuttal to Argument Against Measure C This measure is effectively the same language this City Council Majority The hypocrisy demonstrated in opponents'arguments against Measure 3 ran against in November of 2022 and now they've placed it on the ballot is simply staggering. as if it's a "new idea." Below is the argument against the same ballot language by then Councilmember Erik Peterson: In one argument,they demonstrate perfectly for the voters of Huntington Beach how much they care more about politics than people. And how "Vote NO on this measure to amend the City Charter.This amendment will: truth comes second to trying to win. (1) Modernize the language and make it more politically correct which does nothing to improve life in our City;(2)Remove the requirement that Ultra liberals Rhonda Bolton,Dan Kalmick,and Natalie Moser begin their City Council hold regular meetings twice per month by adding a clause argument:"This measure is effectively the same language"as a measure that allows the Mayor and/or City Council to CANCEL REGULAR meetings from two years ago. They then proceed to cherry pick a piece of an WITHOUT NOTICE or cause.The City Charter was written to provide voters argument against that measure from two years ago. with access and transparency to City government. This change does What they don't tell you is that all three of Bolton, Kalmick, and Moser neither." supported what they now oppose.If this were just a rehash of something "... the only way to depoliticize the process for the filling of the vacant they all supported,why aren't they now joining with the majority of the City Council seat is to conduct a Special Election so that the people can Huntington Beach City Council to support this Measure? vote for a candidate to fill that vacant seat.This proposed Amendment A textbook definition of hypocrisy in action. makes changes to the City Charter that might be in the best interests of City Council by giving City Council MORE POWER but these changes are The simple answer is that Measure 3 is different from two years ago.And NOT in the best interests of the residents of Huntington Beach.Vote NO." it is a shame that opponents to good governance have to, again, lie to voters,to try to get their way. s/Dan Kalmick City Council Member Don't be fooled. s/Natalie Moser This measure makes it easier for residents to see how the City is planning City Council Member to allocate resources long term,and will create a more focused and stable budget and root out waste in government spending. s/Rhonda Bolton City Council Member Please join Mayor Tony Strickland, Mayor Pro Tern Gracey Van Der Mark, �Pf O Councilmember Casey McKeon, Councilmember Pat Burns, and City W__ ry Attorney Michael Gates in supporting Measure 3 for Huntington Beach. i/i/ N\/° For more information,please visit:www.yesonhbcharter.com ;/ s/Tony Strickland r Mayor C-City of Huntington Beach, Charter Amendment Measure No. 3 Shall proposed Charter Amendment No. 3 to: commencing in 2026, require the City to adopt a two-year budget; update the procedures to cancel a regular City Council meeting; update the process to fill a City Council vacancy; and amend outdated phrases, syntax, dates, pronouns, and titles be approved? Supporters:Tony Strickland, Mayor Huntington Beach Opponents:Dan Kalmick, City Councilmember; Natalie Moser, City Councilmember; Rhonda Bolton, City Councilmember Qs 7' Full Text of Measure_ City of Huntington Beach EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS STRIKETI IROUCI I Charter Amendment Measure No.3 Section 300.CITY COUNCIL,ATTORNEY,CLERK AND TREASURER.TERMS.The elective officers of the City shall consist of a City Council of seven members,a City Clerk,a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify.Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified.Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024, four members of the City Council shall be elected at the general municipal election held in 19GG 2022 and each fourth year thereafter.Three members of the City Council shall be elected at the general municipal election held in 3-968-2024,and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term.Subject to the provisions of this Charter,the City Clerk,City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors.Consistent with the staaaered election process established in the new Charter in 1966 and reaffirmed in 2024,a City Clerk and City Treasurer shall be elected at the general municipal election held in 1968 2024 and each fourth year thereafter. A City Attorney shall be elected in 13GG 2022 and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday regular City Council meeting following the certification of the election.Ties in voting among candidates for office shall be settled by the costing of lots random drawing process conducted by the City Manager during the first regular City Council meeting following the certification. If no candidate meets the qualifications for office of the City Clerk,City Treasurer,or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 303.MEETINGS AND LOCATION. (a) Regular Meetings.The City Council shall hold regular meetings at least twice each month, unless it lacks a quorum or is canceled by the Mayor or a majority of City Council Members,at such time as it shall fix by ordinance or resolution. In no event shall the City Council meet less than once each month.and The City Council may adjourn er—re-adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment, Each re-adjourned meeting shall be a regular meeting for all purposes. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings.A special meeting may be called at any time by the Mayor,or by a majority of the members of the City Council,by written notice or current technology to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing.Such notice must be delivered personally..ei by mail or by current technology at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting.If any person entitled to such written notice files a written waiver of notice with the City Clerk,it may be dispensed with.This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes.In the event of an emergency affecting the public peace,health or safety,a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tem in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tern provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings.All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned.If,by reason of fire,flood or other emergency,it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor,or,if he the Mayor should fail to act,by a majority of the members of the City CounciL (d) Open Meetings.All regular and special meetings of the City Council shall be open and public,and all persons shall be permitted to attend such meetings,except that the provisions of this section shall not apply to executive closed sessions.Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information.The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304.QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum.A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time.In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour.The City Clerk shalt cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally,er by mail or by current technology to each Council member at least twenty-four hours before the time to which the meeting is adjourned,or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City CounciL Section 311.CITY TREASURER.POWERS AND DUTIES. (d) Prepare and submit to the Director of financc Chief Financial Officer monthly written reports of all receipts,disbursements and fund balances, and shall file copies of such reports with the City Manager and City Council. Section 312.VACANCIES,FORFEITURES AND REPLACEMENT. (a)Vacancies.A vacancy in the City Council or in any other office designated as elective by this Charter,from whatever cause arising,shall be filled by appointment by the City Council with at least four affirmative votes. (b)Forfeiture.If a member of the City Council is absent from all regular meetings of the City Council for a period of thirty consecutive days from and after the last regular City Council meeting attended by such member, unless by permission of the City Council expressed in its official minutes,the office shall become vacant.If an elected City officer pleads guilty or no contest to or is convicted of a felony or any crime of moral turpitude,or ceases to be an elector of the City,the office shall become vacant.The City Council shall declare the existence of such vacancy.Any elective officer of the City who shall accept or retain any other elective public office,except as provided in this Charter,shall be deemed thereby to have vacated the office under the City Government. (c) Replacement.In the event it the City Council shall fail to fill a vacancy by appointment within sixty days after such office shall become vacant, the City Council shall forthwith cause an election to be held to fill such vacancy for the remainder of the unexpired term.If the City Council fills the vacancy by appointment,such appointee shall hold office until an election to fill the remainder of the unexpired term at the next general municipal election.Should the appointment occur after the filing deadline for the next general municipal election,the seat shall be deemed vacant upon the certification of the general municipal election,and the vacancy shall be filled in accordance with Sections 312(a)and 312(c). • Section 400.CITY MANAGER.COMPOSITION,TERM,ELIGIBILITY, REMOVAL. (d) Removal.The City Manager shall not be removed from office during or within a period of ninety days next succeeding any municipal election at which a member of the City Council is elected.At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative vote of a majority of the members of the City Council.At least thirty days prior to the effective date of removal,the City Manager shall be furnished with a written notice stating the Council's intentions and,if requested by the City Manager,the reasons therefor.Within seven days after receipt of such notice,the City Manager may by written notification to the City Clerk request a public hearing before the City Council,in which event the Council shall fix a time for a public hearing which shall be held at its regular meeting place before the expiration of the thirty-day period above referred to.The City Manager shall appear and be heard at such hearing.After furnishing the City Manager with written notice of the intended removal,the City Council may suspend the City Manager from duty,but his the City Manager's compensation shall continue until removal as herein provided.In removing the City Manager,the City Council shalt use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing,the purpose of which is to allow the City Council and the City Manager to present to each other and to the public all pertinent facts prior to the final action of removal. Section 401.POWERS AND DUTIES. (b) Prepare the budget annuolly as required by this Charter,submit it to the City Council,and be responsible for its administration upon adoption. Section 601.BIENNIAL ANNUAL BUDGET,PREPARATION BY THE CITY MANAGER. At such date as the City Manager shall determine,each board or commission and each department head shall furnish to the City Manager, personally,or through the Director of finance Chief Financial Officer,estimates of the department's,board's or commission's revenue and expenditures for the ensuing two fiscal years,detailed in such manner as may be prescribed by the City Manager.In preparing the proposed budget,the City Manager shall review the estimates,hold conferences thereon with the respective department heads,boards or commissions as necessary,and may revise the estimates as may be deemed advisable. Section 602.BIENNIAL ANNUAL BUDGET.SUBMISSION TO THE CITY COUNCIL. The City Manager shall submit the proposed budget to the City Council at least thirty days prior to the beginning of each even numbered fiscal year beginning in 2026.After reviewing the proposed budget and making such revisions as it may deem advisable,the City Council shall hold a public hearing thereon at least fifteen days prior to the beginning of each even numbered fiscal year and shall cause to be published a notice thereof not less than ten days prior to said hearing.Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten days prior to said hearing. Section 603.BIENNIAL ANNUAL BUDGET.PUBLIC HEARING. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned,the City Council shall hold a public hearing on the proposed budget,at which interested persons desiring to be heard shall be given such opportunity. Section 604.BIENNIAL ANNUAL BUDGET.FURTHER CONSIDERATION AND ADOPTION. At the conclusion of the public hearing the City Council shall further consider the proposed budget and make any revisions thereof that it may deem advisable and on or before the last day of the fiscal year it shall adopt the budget with revisions,if any,by the affirmative vote of at least a majority of the total members of the Council.Upon final adoption,the budget shall be in effect for the ensuing two fiscal years.Copies thereof,certified by the City Clerk,shall be filed with the City Manager, Director of finance Chief Financial Officer,City Treasurer and the person retained by the City Council to perform the post audit function,and a further copy shall be placed,and shall remain on file in the office of the City Clerk where it shall be available for public inspection.The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. Section 605.BIENNIAL ANNUAL BUDGET APPROPRIATIONS. From the effective date of the budget,the several amounts stated therein as proposed expenditures shall be and become appropriated to Full Text of Measure_ City of Huntington Beach EXHIBIT A CHARTER AMENDMENT MEASURES PROPOSED ADDITIONS SHOWN AS UNDERLINED PROPOSED DELETIONS SHOWN AS STRIKCTHROUGI I Charter Amendment Measure No.3 Section 300.CITY COUNCIL,ATTORNEY,CLERK AND TREASURER.TERMS.The elective officers of the City shall consist of a City Council of seven members, a City Clerk,a City Treasurer and a City Attorney, all to be elected from the City at large at the times and in the manner provided in this Charter and who shall serve for terms of four years and until their respective successors qualify.Subject to the provisions of this Charter,the members of the City Council in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and until their successors are elected and qualified.Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024, four members of the City Council shall be elected at the general municipal election held in 13GG 2022,and each fourth year thereafter.Three members of the City Council shall be elected at the general municipal election held in 1960 2024,and each fourth year thereafter.No person shall be elected as a member of the City Council for more than two consecutive terms and no person who has been a member for more than two years of a term to which some other person was elected a member shall be elected to the City Council more than one further consecutive term.Subject to the provisions of this Charter,the City Clerk,City Treasurer and City Attorney in office at the time this Charter takes effect shall continue in office until the expiration of their respective terms and the qualification of their successors.Consistent with the staggered election process established in the new Charter in 1966 and reaffirmed in 2024,a City Clerk and City Treasurer shall be elected at the general municipal election held in 19GO 2024,and each fourth year thereafter. A City Attorney shall be elected in 19GG 2022,and each fourth year thereafter. The term of each member of the City Council,the City Clerk,the City Treasurer and the City Attorney shall commence on the first Monday regular City Council meeting following the certification of the election.Ties in voting among candidates for office shall be settled by the casting of lots random drawing process conducted by the City Manager during the first regular City Council meeting following the certification. If no candidate meets the qualifications for office of the City Clerk,City Treasurer,or City Attorney,the City Council shall fill that position by appointment until the next municipal general election in which a qualified candidate is elected. Section 303.MEETINGS AND LOCATION. (a) Regular Meetings.The City Council shall hold regular meetings at least twice each month, unless it lacks a quorum or is canceled by the Mayor or a majority of City Council Members,at such time as it shall fix by ordinance or resolution.In no event shall the City Council meet less than once each month.and The City Council may adjourn or re adjourn any regular meeting to a date and hour certain which shall be specified in the order of adjournment, Each re-adjourned meeting shall be a regular meeting for all purposes. If at any time any regular meeting falls on a holiday such regular meeting shall be held on the next business day. (b) Special Meetings.A special meeting may be called at any time by the Mayor,or by a majority of the members of the City Council,by written notice or current technology to each member of the City Council and to each local newspaper of general circulation, radio or television station requesting notice in writing.Such notice must be delivered personally,_ei by mail or by current technology at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted.No other business shall be considered at such meeting.If any person entitled to such written notice files a written waiver of notice with the City Clerk,it may be dispensed with.This notice requirement shall be considered fulfilled as to any person who is actually present at the meeting at the time it convenes.In the event of an emergency affecting the public peace,health or safety,a special meeting may be called as provided in this section with less than twenty-four hours written notice by the Mayor Pro Tem in the Mayor's absence or by any member of the City Council in the absence of both the Mayor and Mayor Pro Tem provided that the nature of the emergency is set forth in the minutes of the meeting. (c) Place of Meetings.All regular meetings shall be held in the Council Chambers of the City or in such place within the City to which any such meeting may be adjourned.If,by reason of fire,flood or other emergency,it shall be unsafe to meet in the place designated,the meetings may be held for the duration of the emergency at such place within the City as is designated by the Mayor,or,if he the Mayor should fail to act,by a majority of the members of the City Council. (d) Open Meetings.All regular and special meetings of the City Council shall be open and public,and all persons shall be permitted to attend such meetings,except that the provisions of this section shall not apply to executive closed sessions.Subject to the rules governing the conduct of City Council meetings,no person shall be denied the right to be heard by the City Council. (e) Dissemination of Information.The City Council shall adopt rules to ensure thorough and timely dissemination of information via current technology by resolution. Section 304.QUORUMS,PROCEEDINGS AND RULES OF ORDER. (a) Quorum.A majority of the members of the City Council shall constitute a quorum to do business but a lesser number may adjourn from time to time.In the absence of all the members of the City Council from any regular meeting or adjourned regular meeting,the City Clerk may declare the same adjourned to a stated day and hour.The City Clerk shall cause written notice of a meeting adjourned by less than a quorum or by the City Clerk to be delivered personally,err by mail or by current technology to each Council member at least twenty-four hours before the time to which the meeting is adjourned,or such notice may be dispensed with in the same manner as specified in this Charter for dispensing with notice of special meetings of the City Council. the several departments,offices and agencies for the respective objects and purposes therein named;provided,however,that the City Manager may transfer funds from one object or purpose to another within the same department,office or agency.All appropriations shall[apse at the end of the second fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any public meeting after the adoption of the budget,the City Council may amend or supplement the budget by motion adopted by the affirmative vote of at least a majority of the total members of the City Council. Section 801. DEFINITIONS.Unless the provisions or the context otherwise requires,as used in this Charter: (a) "Shall"is mandatory,and"may"is permissive. (b) "City" is the City of Huntington Beach and "department," "board," "commission," "agency," "officer," or "employee" is a department, board, commission,agency,officer or employee,as the case may be,of the City of Huntington Beach. (c) "County"is the County of Orange. (d) "State"is the State of California. (e) The masculine includes the feminine and the feminine includes the masculine. (f e) The singular includes the plural and the plural the singular. (g f) "Person"includes firm and corporation. Section 804. CHARTER REVIEW.The City Council shall determine if there is a need to convene a citizen's Charter Review Commission to conduct a review of the City Charter no less frequently than every ten years from the most recent formal Charter review conducted by a Charter Revision Commission,City Council,or City staff. /1")1):;):( 4/21117"" C/6( 1 le Impartial Analysis City of Huntington Beach Measure_ CITY ATTORNEY'S IMPARTIAL ANALYSIS OF MEASURE 3 This proposed Charter amendment,if adopted,would amend the Charter both substantively and non-substantively.The first substantive amendment by this ballot measure changes several sections of the Charter to require the City to adopt a biennial(two-year)budget,instead of an annual(one-year) budget. The second substantive amendment is to Charter Section 303(a)which currently requires City Council to hold regular meetings at least twice a month. If adopted,the Charter would be amended to allow for the Mayor or a majority of Council to cancel regular City Council meetings,but in no event will the City Council meet less than once per month. The third substantive amendment is to Charter Section 312, related to City Council vacancies. Currently, a person appointed by the City Council to fill a Council vacancy serves the remainder of the unexpired term. If adopted,this measure would require that the appointee hold office only until an election to fill the remainder of the unexpired term,at the next general municipal election. Additional proposed amendments to several Charter Sections are non-substantive,meaning amendments to clarify or update language in the Charter regarding outdated phrases, syntax, dates, pronouns and titles. For example, changes to Section 300 would update the election years for elected officials and makes clear that in the event of a tie vote during an election, a random drawing will occur. Changes to Section 303 would update the Charter to allow the use of"current technology"to distribute notices,change the words"executive session"to"closed session"because closed session is the current statutory term,as well as clarify the process of adjourning City Council meetings.Changes to Sections 303(c),312(c),400(d),and 801(e) would replace pronouns"he"or"it"with"person"or the title being referred to,and changes to Sections 311(d),601,and 604 would replace"Director of Finance"with the updated title of"Chief Financial Officer."An amendment to Section 804 would clarify when the City Council must determine whether to convene a citizen's Charter Review Commission. A"yes"vote on this measure would approve these changes to the City Charter. A"no"vote on this measure would not approve them. This Measure was placed on the ballot by the City Council. fr (off �V o,iff 1'117 •J• City of Huntington Beach '�` 2000 MAIN STREET CALIFORNIA 92648 t0► Dan Kalmick City Councilmember November 22, 2023 Robin Estanislau City Clerk City of Huntington Beach 2000 Main St Huntington Beach CA 92648 RE: Rebuttals to Arguments Against Charter Amendments—Strike Language Request Dear Madam Clerk, I write today as an authorized member of the City Council to draft arguments against, and rebuttals to, arguments for the Charter amendments to appear on the March 2024 ballot. Upon review of the "Rebuttal to Argument Against Charter Amendment Measure 1" ("Re Arg 1") and "Rebuttal to Argument Against Charter Amendment Measure 3" ("Re Arg 3"), I ask you to strike the following language as being "false, misleading or inconsistent" as guided by the California Courts in both Huntington Beach City Council v. Superior Court,94 Cal.App.4th 1417 (2002) and Patterson v. Board of Supervisors, 202 Cal.App.3d 22 (1988) and California Election Code Division 9, Chapter 3. 1) In both "Re Arg 1" and "Re Arg 3", the City Attorney, Michael Gates is being identified as "supporting Voter ID" and "support Measure 3." Please strike "City Attorney Michael Gates" from both Rebuttals. The City Attorney, as department head, signed off on the code language in the charter amendments, the independent analysis of said charter amendments and is now apparently supporting the Charter Amendment. Mr. Gates is not a policy maker in the City of Huntington Beach. It is both misleading and inconsistent with public policy creation to have the Chief Counsel for the policy making board weighing in on public policy that his office drafted and gave independent analysis of. This is confusing to voters and calls into question, ironically, the integrity of the process. If you are not willing to strike, "City Attorney Michael Gates" from these rebuttals, then please remove the independent analysis for Measure 1 and 3 from the voter guide as they clearly are not independent if signed off on by a department head and someone who is supporting them publicly. TELEPHONE (714) 536-5553 2) In "Re Arg 3", the author, Mayor Tony Strickland refers to Councilmembers Bolton, Moser, and me as "Ultra-liberals"without providing any evidence to support this. "Ultra-liberals" in this sense and context is a pejorative.While I support the first amendment, the courts have upheld that personally insulting material or base personal attacks are not allowed.Additionally, the political leanings of the authors of the arguments are irrelevant and do not provide the voters with any more information about the effects of the charter amendments on the City. Please strike the words "Ultra-liberals"from the ballot argument language. Thank you for your time and consideration in this matter, Dan Kalmick Councilmember City of Huntington Beach